K.K. TRIVEDI, J.

1. This First Appeal under Section 96 of the Code of Civil Procedure by the appellants/plaintiffs takes exception to the judgment and decree dated 24.6.2004, passed in Civil Suit No. 51-A/2004, by the VI Addl. District Judge, Jabalpur, by which the suit for grant of mandatory injunction filed by the appellants/plaintiffs, has been dismissed.

2. The appellants/plaintiffs filed the suit alleging that the appellant No. 2 was the successor of the earlier Coronation Club, of Jabalpur which in fact was extended a lease by the Municipal Corporation, Jabalpur, in respect of the land bearing diversion Plot No. 107, Sheet No. 85, situated in Marhatal, Jabalpur. The said land was belonging to the Municipal Corporation Jabalpur. The lease was to expire in the year 1956. However, no renewal of the lease was done thereafter. The appellant/plaintiff No. 2-Club remained in possession of the said land and out of the said land leased to the appellants/plaintiffs, a part of the land was encroached by some persons. Thereafter, in the meeting held with the authorities of the Municipal Corporation, it was decided that on payment of certain compounding charges, the lease would be